| Mileski v MSC Industrial Direct Co., Inc. |
| Motion No: 2016-07282 |
| Slip Opinion No: 2017 NY Slip Op 69887(U) |
| Decided on April 7, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M228868
E/ct
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2016-07282 Drena Mileski, et al., plaintiffs-respondents, v MSC Industrial Direct Co., Inc., defendant third-party plaintiff-appellant, et al., defendants; Buffalo Machinery Co., Ltd., et al., third-party defendants-respondents. (Index No. 10391/09)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-respondent Buffalo Machinery Co., Ltd., to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 23, 2016, on the ground that the issues raised are "identical" to the issues raised in another appeal. Application by the third-party defendant-respondent Buffalo Machinery Co., Ltd., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the applicant's time to serve and file a brief is enlarged until May 5, 2017, and the applicant's brief shall be served and filed on or before that date.
RIVERA, J.P., AUSTIN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court